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Family of Sydney man Chau Van Kham have new hope for freedom after PM flags prisoner transfer from Vietnam

Chau Van Kham, left, pictured with wife Trang Chau, son Daniel Chau and late mother-in-law Thi Thao Nguyen.  (Supplied: Chau family)

The family of a retired Sydney baker jailed in Vietnam for 12 years on "terrorism" offences have expressed new hope for his freedom after Anthony Albanese's visit to the South-East Asian nation. 

Mr Albanese told 7:30 he had made representations on behalf of Chau Van Kham, 73, during high-level meetings in Vietnam this week.

"We are after an international prisoner transfer and we're hopeful in that case," Mr Albanese said.

It comes after Mr Albanese secured clemency for two unnamed Australians who were facing the death penalty in Vietnam.

Mr Chau, who is set to mark his 74th birthday next week, has been detained for almost four-and-a-half years on national security charges.

He is a member of Viet Tan, a group that advocates for democracy in Vietnam which the Vietnamese government considers a terrorist organisation.

Sydney-based lawyer Dan Nguyen said she has been in touch with Mr Chau's wife, Trang Chau, about the developments.

"She's a bit emotional. She's counting the days, the hours … she just cannot wait to see her husband again," she said.

"She's so, so happy, she's in tears.

"We've never been more hopeful … we feel that, finally, the government has spoken and given us real hope."

She said the family had been told the prisoner transfer "is on track, and it should be happening soon". 

"So it's just a matter of both governments agreeing on when and how it's going to happen," she said. 

She said time was of the essence and Mr Chau's mother-in-law had passed away during his imprisonment. 

"It cannot be any sooner — his health is not improving with his age," she said. 

"He's languishing in that jail."

 Van Kham Chau was sentenced to 12 years in jail for conducting activities of "terrorism to oppose the people's administration".(AP: Nguyen Thanh Chung/VNA)

Mr Chau was first arrested in January 2019 after meeting with a pro-democracy activist, and authorities alleged he entered the country via Cambodia on a false document.

Later that year, he was sentenced to 12 years in prison for holding a senior position in the NSW chapter of Viet Tan and "financing terrorism".

His trial lasted less than five hours and was dismissed as a "sham" by his family, while Human Rights Watch noted a lack of due process and likened the length of his jail term to a "death sentence", given his advanced age and health. 

"Prime Minister Albanese was right to press Vietnamese officials for the release or transfer of Chau Van Kham, who has already spent far too many years in a Vietnamese prison," Elaine Pearson, Asia director at Human Rights Watch, told the ABC.  

"Australia should be doing all it can to secure the release of its citizen. A UN Working Group last year found that Chau Van Kham's detention was arbitrary.

"Chau Van Kham's case is indicative of the lack of tolerance the Vietnamese government shows for peaceful dissent — there are more than 150 other political prisoners behind bars in Vietnam for peaceful acts of free expression."

Ms Nguyen said she initially lodged a formal written application for a prisoner transfer more than a year ago, and that Australia's attorney-general's office had communicated with the family about progress in recent months and weeks.

"But as to the precise terms, we've not been informed, because the final decision has not been made."

The Department of Foreign Affairs and Trade said it was providing consular assistance to Mr Chau and his family.

"Mr Chau Van Kham has made an application to return to Australia under the International Transfer of Prisoners scheme and as the prime minister has said, we're hopeful in that case," a spokesperson said.

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